Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 7/8/2015 5:11:22 PM JEFFREY D. KYLE Clerk No. 03-15-00025-CV THIRD COURT OF APPEALS 7/8/2015 5:11:22 PM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00025-CV *1 ACCEPTED [5988590] CLERK In The Court of Appeals For The Third District Austin, Texas A PPELLANTS /C ROSS -A PPELLEES L AKEWAY EGIONAL M EDICAL ENTER , LLC
AND S URGICAL D EVELOPMENT P ARTNERS , LLC, v.
A PPELLEES L AKE T RAVIS T RANSITIONAL LTCH, B RENNAN M ANNA D IAMOND , LLC AND F RANK T. S OSSI , APPELLANTS’ FIRST UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANTS’
OPENING BRIEFS TO THE HONORABLE COURT OF APPEALS:
Pursuant to Texas Rules of Appellate Procedure 10.5(b) and 38.6(d),
Appellants Lakeway Regional Medical Center, LLC (“LRMC”) and Surgical
Development Partners, LLC (“SDP”) timely file this Unopposed Motion to Extend
Time to File Their Opening Briefs.
LRMC’s and SDP’s opening appellants’ briefs [1] are currently due on July 30,
2015. LRMC and SDP seek an extension, making their briefs due on August 31,
2015.
*2 This is LRMC and SDP’s first request for an extension of time to file their
opening briefs.
BACKGROUND 1. This case is on appeal from the 345th Judicial District Court of Travis
County, Texas.
2. The case below was styled Lake Travis Transitional LTCH, LLC n/k/a
Lake Travis Specialty Hospital, L.L.C. v. Lakeway Regional Medical Center, LLC,
Surgical Development Partners, LLC, Brennan, Manna & Diamond, LLC,
Brennan, Manna & Diamond, P.L., and Frank T. Sossi and numbered D-1-GN-12-
000983.
3. The Judgment was signed on October 16, 2014.
4. The Judgment is for actual damages in the amount of $7,900,000, plus
prejudgment interest on that sum, plus $2,000,000 in attorneys’ fees, plus all costs
of court, plus post-judgment interest on the sum total of each of the foregoing at an
annual rate of five percent (5%), compounded annually, from the date of judgment.
5. On November 14, 2014, LRMC and SDP filed a motion for new trial.
6. On January 12, 2015, LRMC and SDP filed a notice of appeal.
7. On January 13, 2015, Lake Travis Transitional LTCH, LLC n/k/a
Lake Travis Specialty Hospital, L.L.C (“LTT”) filed its notice of appeal.
8. The extensive clerk’s record, over 13,300 pages was filed on June 16,
2015. (A supplemental clerk’s record was filed on May 21 and a second
supplemental clerk’s record was filed on June 18.) The clerk’s record, however, is
not complete as several items requested by LRMC and SDP were omitted. LRMC
and SDP have asked the district clerk to supplement the record with those
additional items.
9. The extensive reporter’s record was filed on June 23, 2015. A
supplemental court reporter’s record was filed on June 30, 2015. A second
supplemental reporter’s record is expected to be filed shortly.
REASONS FOR REQUESTED 10. The record in this appeal is sizeable.
11. LRMC’s and SDP’s counsel is also in the midst of preparing filings in
an arbitration between John W. Johnson, Steven J. Lindley, and J. Loren Ross, as
the Representatives of the Stockholders of Permian Mud Service, Inc. and Ecolab
Inc.
12. This request is not sought for delay only but so that justice may be
done.
PRAYER FOR RELIEF WHEREFORE, PREMISES CONSIDERED, Appellants Lakeway Regional
Medical Center, LLC and Surgical Development Partners, LLC ask that this Court
grant this, their First Unopposed Motion for Extension of Time to File Their
Opening Appellants’ Briefs and extend the deadline to August 31, 2015, and for
such further relief to which they may be entitled.
Respectfully submitted, N ORTON OSE F ULBRIGHT US LLP By: /s/ Joy M. Soloway Jeff Cody jeff.cody@nortonrosefulbright.com State Bar No. 4468960 Barton Wayne Cox beau.cox@nortonrosefulbright.com State Bar No. 24065087 James V. Leito IV james.leito@nortonrosefulbright.com State Bar No. 24054950 2200 Ross Avenue, Suite 3600 Dallas, TX 75201-2784 Telephone: (214) 855-8000 Telecopier: (214) 855-8200 Joy M. Soloway joy.soloway@nortonrosefulbright.com State Bar No. 18838700 1301 McKinney, Suite 5100 Houston, TX 77010-3095 Telephone: (713) 651-5151 Telecopier: (713) 651-5246 Counsel for Appellants/Cross-Appellees Lakeway Regional Medical Center, LLC and Surgical Development Partners, LLC *5 W RIGHT LOSE LLP Jessica Z. Barger barger@wrightclose.com State Bar No. 24032706 Raffi Melkonian melkonian@wrightclose.com State Bar No. 24090587 One Riverway, Suite 2200 Houston, TX 77056 Telephone: (713) 572-4321 Telecopier: (713) 572-4320 Counsel for Appellant/Cross-Appellee Surgical Development Partners, LLC CERTIFICATE OF CONFERENCE I certify that Jane Webre and Ryan Fellman, counsel for Appellees in this
appeal, are not opposed to the relief sought in this motion.
/s/ Joy M. Soloway Joy M. Soloway *6 CERTIFICATE OF SERVICE I hereby certify that on the 8th day of July 2015, the foregoing motion was
served by electronic service upon the following counsel of record:
Mr. S. Abraham Kuczaj III
akuczaj@scottdoug.com
Ms. Paige A. Amstutz
pamstutz@scottdoug.com
Mr. Steven J. Wingard
swingard@scottdoug.com
Jane Webre
jwebre@scottdoug.com
S COTT D OUGLASS & M C ONNICO , LLP
303 Colorado, Suite 2400
Austin, TX 78701
Counsel for Appellee/Cross-Appellant Lake Travis Transitional LTCH, LLC
Via Email Only
Mr. Robert A. Bragalone
rbragalone@gordonrees.com
Mr. B. Ryan Fellman
rfellman@gordonrees.com
G ORDON EES LLP
2100 Ross Avenue, Suite 2800
Dallas, TX 75201
Counsel for Appellees Brennan, Manna & Diamond, LLC and
Frank T. Sossi
Via Email Only
/s/ Joy M. Soloway JOY M. SOLOWAY
[1] At this time, it has not been determined whether LRMC and SDP will file separate briefs or joint briefs.